Dispute resolution and litigation
Our dispute resolution specialists help with professional negligence claims, property disputes, conflicts with schools, consumer rights and advice for contesting a will.
Personal dispute resolution
We’ll help you explore alternative dispute resolution methods first to try and avoid the case going to court, as it tends to be faster and cost less. If that fails and you choose to pursue it in court, we’ll use our substantial expertise to guide you on the strategy and the process and be with you during the case.
Alternative dispute resolution approaches include:
- Negotiation directly between the two parties
- Conciliation and mediation - making use of a third person who is neutral and who guides the two parties to an agreement
- Expert determination, adjudication, arbitration and ombudsman schemes - where the decision is imposed by a neutral third party.
Our civil litigation solicitors specialise in:
- consumer problems – get redress for faulty products and services such as: building work, and insurance contracts.
- contesting a will – our specialists guide you through the legal grounds for doing this, with the understanding that it can cause tremendous upset within families.
- education law –advice and support regarding your child’s educational needs: admissions appeals, challenging exclusions, obtaining or challenging provision under an Education Health and Care Plan and many more.
- professional negligence - recovering damages for losses you've incurred, from professionals such as: accountants, architects, builders, dentists, financial advisers, surveyors - and solicitors.
- residential property disputes – Tees is one of the few firms in the East of England with a specialist property litigation team covering disputes relating to: mortgages, neighbour disputes and landlord and tenant disputes.
Call our personal dispute resolution solicitors on 0808 231 1320Call us for a free initial chat, at no obligation, or fill out our enquiry form and a solicitor will get in touch
What our clients say
Mr Nick Loftus
Ipswich
I have instructed Caroline Metcalf twice on what turned out to be very complex and protracted disputes. Her hard work and determination have ensured we’ve reached a very satisfactory resolution. Caroline is always very responsive, diligent in all she does and very pleasant to deal with.
Mr Jon Tidbury, Ramsden Trailer Conversions
Billericay
I'd like to say how helpful Sarah Stanyer was. Sarah gave me reassuring and great advice first thing, followed by an excellent email that appears to have made the gentleman in question back down. For the average 'Joe Bloggs' like me with no legal knowledge, it was invaluable.
V. Smyth
Bishop's Stortford
A huge thank you to Caroline. I can't thank you enough. I honestly never thought I would ever see any of my money again. When I told my children last night the first thing they said was "what a wonderful solicitor to have." I'm so very grateful and very happy. You are a real lifesaver.
Frequently asked questions
Common reasons to challenge or contest a will include:
- The will isn’t legally correct
- lack of testamentary capacity (of the person who made the will)
- lack of financial provision for dependants
- undue influence
- forgery or fraud.
People who may be able to claim against an estate under the Inheritance Act 1975 include:
- wife, husband or civil partner of the deceased
- former wife, husband or civil partner of the deceased
- unmarried cohabiting partner of the deceased
- biological children or grandchildren of the deceased
- anyone who was financially dependent on the deceased.
How can I make an Inheritance Act 1975 claim?
You might be able to make a claim through the Inheritance Act 1975 if:
- you were left out of the will
- you were included in the will, but it didn’t make sufficient provision for you
- you have not inherited due to intestacy rules.
If you are the spouse or civil partner, you are entitled to such financial provision as is reasonable in all circumstances. For anyone else wanting to bring a claim, it is a case of such reasonable financial provision as is necessary for their maintenance, and within the constraints of what the estate can provide. What constitutes ‘reasonable’ provision is very much dependent on the facts and circumstances in question. It would therefore be sensible to obtain legal advice first if you are thinking of bringing a claim.
A probate caveat is a means to stop a probate application, for example if there is a dispute about the will or the persons applying for probate. In order to enter a caveat, it is necessary to make an application to the Probate Registry.
A Will is intended as the deceased person’s last expression of their wishes in respect of their estate. Usually a Will should remain as it was when the deceased approved and signed it. A Will can only be varied with the agreement of all the beneficiaries of the estate (effected by Deed of Variation).
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